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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No.: EB-09-PA-0176
Patton Radio Company )
) Citation No.: C200932400002
Pittsburgh, Pennsylvania )
CITATION
Released: September 11, 2009
By the District Director, Philadelphia Office, Northeast Region,
Enforcement Bureau:
1. This is an Official Citation issued pursuant to Section 503(b)(5) of
the Communications Act of 1934, as amended ("Act"), to Patton Radio
Company for violation of Section 90.427(b) of the Commission's Rules
("Rules").
2. An investigation by the Enforcement Bureau's Philadelphia Office
revealed that Patton Radio Company had programmed radio transmitting
equipment with the frequencies 467.9000 MHz and 464.5500 MHz for which
the West Mifflin Area Middle School in West Mifflin, Pennsylvania is
not authorized.
3. Section 90.427(b) of the Rules states "[e]xcept for frequencies used
in accordance with S: 90.417, no person shall program into a
transmitter frequencies for which the licensee using the transmitter
is not authorized." By programming portable radio transmitters with
frequencies for which the West Mifflin Area Middle School is not
authorized, Patton Radio Company violated Section 90.427(b) of the
Rules.
4. Violations of the Act or the Commission's Rules may subject the
violator to substantial monetary forfeitures, seizure of equipment
through in rem forfeiture action, and criminal sanctions, including
imprisonment.
5. Patton Radio Company may request an interview at the closest FCC
Office, which is Federal Communications Commission, One Oxford Valley,
Suite 404, 2300 East Lincoln Highway, Langhorne, PA 19047. You may
contact this office by telephone, (XXX) XXXX-XXXXto schedule this
interview, which must take place within 14 days of this Citation.
Patton Radio Company may also submit a written statement to the above
address within 14 days of the date of this Citation. Any written
statements should specify what actions have been taken to correct the
violation outlined above. Please reference file number EB-09-PA-0176
when corresponding with the Commission.
6. Any statement or information provided by you may be used by the
Commission to determine if further enforcement action is required. Any
knowingly or willfully false statement made in reply to this Citation
is punishable by fine or imprisonment.
7. IT IS ORDERED that copies of this Citation shall be sent by First
Class U.S. Mail and Certified Mail, Return Receipt Requested to Patton
Radio Service at its record of address.
FEDERAL COMMUNICATIONS COMMISSION
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 U.S.C. S: 503(b)(5).
47 C.F.R. 90.427(b).
47 C.F.R. S: 1.80(b)(3).
47 U.S.C. S:S: 401, 501, 503, 510.
47 U.S.C. S: 503(b)(5).
See Privacy Act of 1974, 5 U.S.C. S: 552a(e)(3).
See 18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission